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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Whatawoman v HSBC *******WON*******


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Well the postman went past empty handed so I have just submitted my MCOL claim..... have to admit I feel very nervous. I have amended my spread sheet to make my earliest claim date to fit with 6 years from today rather than 6 years from when I started the correspondence with HSBC.... hopefully that is right.

 

So what do I do next?

 

12th January 2007 - prelim letter sent.

20th January 2007 - Prelim letter acknowledged and replied to.

26th January 2007 - LBA sent

9th February 2007 - MCOL Claim submitted

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You sit back and wait. The bank will have 14 days to respond... Normally they will acknowledge the claim giving them an additional 14 days to submit a defence... It's a waiting came now, but the fun part has started. You’re fighting back!!!!

I'm just submitting my Allocation Questionnaire (AQ) so I’m a few stages in front of you and we all feel nervous about the unknown, but trust me everyone on this site is going through the same things and there is an endless supply of information and help at your finger tips.

GOOD LUCK!!!!

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I filed mine online so i didn't have to send any copies to the courts but have found this for you

 

"If you are starting your claim in this way, be sure to make 3 identical copies of the form - 1 for you and 2 for the court."

 

for further help look at http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

it's a great step by step info pack

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I filed with MCOl online too: but on another thread I read to send this:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

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I personally didn't send that but i know people have... I'm of the impression that you only need to submit additional information to the courts upon request. The 'particulars of the claim' is normally enough information to get the ball rolling.

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you send a copy of your details to Northampton County Court because they do not have a copy of your breakdown. they just have the figures that you entered on mcol. you ask for your details to be filed with the one's they have already for your case.

If i've been helpful in any way....then tip my scales over there!

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Where am I.....

I have spent many a happy hour since about June last year playing letter ping pong with the customer services department in Sheffield, then I found this site and all of the information I needed to nail their stupid ar**s to the floor.

I think I could have gone straight to MCOL from the correspondence I have on file so far but decided to write a proper LBA first which went today.

So now I sit back and wait for 2 weeks and have a laff at the silly letters they pay people good money to photocopy.... or not as the case may be, I wonder if they have two piles of letters in their complaints department.. recorded and ignored ?

You have to forgive me Im a Quantity Surveyor it takes a perverse sence of humour lol (I actualy enjoyed the letter ping pong too but its a summer sport I think )

WaW... just do what everyone else has done, if any of the banks sets one foot in court they will all be set to loose millions if not billions, they are operating outside of the Law and they know it. I don’t think anyone has won a case yet in court they have all been settled on offers or by default. And the very very few who have lost the first round are not straight forward cases..

The press are giving the banks a hard enough time at the moment with this, if the banks actually lost a case in court it would open the flood gates, the courts and banks are struggling to cope now and with a judgement against them for other judges to follow (a legal president) the banks would have no defence, they would have to pay any Tom, Dick or Harriet who could read a statement and write a half decent letter and give up a huge source of income.

That's purely a personal view and I would be grateful if anyone who has other thoughts would tell me... hey i'm a newbie lol

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Oh I know you are right - because it is a numbers game - they charge billions each year in charges and if they have to pay a couple of million back like this they are still quids in - even after paying DG overtime and bonus's.... although they are deluged with claims it is really not effecting them enough to make them change policy.

For me this will alow me to get back into the black and budget to stay that way - so I won't be in a position of going overdrawn again. So the sooner the better as right now I walk a tight line between black and red.

 

Helen

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It's about time the banks had a taste of thier own medicine, for too long they have had a easy ride charging what they want when they want. I read the below in the Sunday Miorror last week, it looks like people like us are going to cost them billions :grin: :grin: :grin:

 

BANKS are on the brink of having to pay out £30billion to thousands of furious customers in the mass revolt over unfair overdraft fees.

Growing numbers are threatening to sue their banks in a grass-roots rebellion which has already generated £20million for triumphant account holders. By the time refunds are claimed for the last six years - the legal limit for backdated claims - the final compensation bill is expected to be nearly £30billion. Complaints against excessive penalty charges, which rake in almost £5billion a year for the high street giants, have hit record levels. In the last year the number of people complaining to the Financial Ombudsman Service has soared from an average 60 a week to 7,000 a week"

Marc Gander, of the Bank Action Group, said: "Our records show 5,146 people have recovered more than £7million over the last year. But we reckon this represents only 35 per cent of the total amount which is probably nearer £20million.

 

They'll be another story in this weeks Sunday Mirror. This is going to include step by step instructions on how to claim back bank charges... so yet even more cases hitting the courts LOVE IT!!!! :rolleyes:

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there will be a headline on the front cover one of these days, with the caption 'HAS ANYBODY SEEN THIS MAN MR LANGDALE??' because so far, i haven't heard of anybody actually speaking to him - i think he's just a name for a computer at hsbc that dishes out automatic junk mail as a time related response!!!

If i've been helpful in any way....then tip my scales over there!

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Executive directors of HSBC would be on in excess of £ 500,000 a year probably plus bonus and share allocation... oh and of course half the time he is doing business on the golf course or whatever his pleasure is… and considering he has an ivory tower full of drones and tea makers doing what they have been told to do by the “Rule Book” (and one man who signs cheques) I think I could cope with that... must be really tough at the top

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Well I made a huge error and only just realised - when I filled in the MCOL - although I included the 8% in the particulars of the claim I DID NOT include it in the figures - only the charges - my claim is still at the "issued" stage and I have till 10am on Monday to cancel the claim so I am hoping I can call them Monday am and amend the figure part.....

 

Do you think this will be possible???

 

Helen

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i think i have read somewhere that you can amend it but it will cost you another 35 quid to do so.

 

ring them in the morning and see

 

0845 6015 935

If i've been helpful in any way....then tip my scales over there!

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